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04 <br /> 1 6. RESPONDENT is in violation of PRC section 42961.5, which makes it <br /> 2 unlawful to haul used or waste tires without submitting manifests to the CIWMB. <br /> 3 PENALTIES <br /> 4 7. The CIWMB's authority to assess administrative penalties against <br /> 5 (RESPONDENT) as a waste tire hauler is set forth in PRC section 42962(c), which <br /> 6 states: <br /> 7 In addition to the civil penalty which may be imposed pursuant to <br /> subdivision (a), the board may impose civil penalties administratively <br /> 8 in an amount not to exceed five thousand dollars ($5,000) for each <br /> 9 violation of a separate provision or for continuing violations for each <br /> day that violation continues, on any person who intentionally or <br /> 10 negligently violates any permit, rule, regulation, standard, or <br /> 11 requirement issued adopted pursuant to this chapter. . . <br /> 12 Under this section, RESPONDENT is subject to a separate administrative <br /> 13 penalty of up to $5,000.00, for each occasion upon which they have hauled waste tires <br /> 14 without a valid Waste Tire Hauler Registration. 14 CCR section 18464 allows the <br /> 15 imposition of penalties ranging from $1,000.00 to $2,000.00 for the first time offense for <br /> 16 hauling more than 100 waste or used tires per load as an unregistered waste tire hauler; <br /> 17 $2,000.00 to $4,000.00 for the second offense; and $3,000.00 to $5,000.00 for the third <br /> 18 offense. <br /> 19 7. In setting an appropriate administrative penalty, the CIWMB has taken into <br /> 20 consideration the nature, extent and gravity of the violations, and the complete <br /> 21 disregard of applicable statute and regulation by RESPONDENT. The CIWMB now <br /> 22 requests that administrative penalty liability be assessed against RESPONDENT in the <br /> 23 sum of nine thousand dollars ($9,000.00). <br /> 24 RIGHT TO HEARING <br /> 25 You are hereby notified that pursuant to the provisions of section 42962(c) of the <br /> 26 California Public Resources Code and Government Code section 11500 that you are <br /> 27 entitled to a hearing to refute the allegations against you contained in this Administrative <br /> 28 Complaint. If you wish to have a hearing on this matter, you must complete and <br /> -3- <br />